The spat between
Youngevity
 and
Wakaya Perfection
continues.

Since our initial article covering
Youngevity’s lawsuit
, Wakaya has sought to strike various counts in Youngevity’s complaint. Youngevity has hit back by filing for a permanent injunction.

Separately, we learned that Wakaya Perfection has filed its own lawsuit against Youngevity. They actually got in first, filing six days before the Youngevity complaint.

In their lawsuit Wakaya Perfection had sought a temporary restraining order against Youngevity, but the motion has since been withdrawn.

Wakaya Perfection file Motion to Strike

Wakaya Perfection’s initial response to the lawsuit filed against them has been to file a Motion to Strike.

In it, Wakaya Perfection want counts one, two, three and eight against them struck with prejudice.

The basis for this motion is that Counts 1, 2, 3, and 8 of Youngevity’s Complaint, in whole or in part, arise out of Defendants’ exercise of their right to free speech under the relevant State and Federal Constitutions in connection with an issue of public interest, and it is not probable that Youngevity will prevail on its claims.

The counts cited in Youngevity’s complaint are:

Intentional interference with prospective advantage (count 1)

Intentional interference with contract / Inducing breach of contract (count 2)

Conspiracy (Count 3) and

Breach of fiduciary duty (Count 8)

Youngevity files for preliminary injunction

On May 18th, Youngevity filed for a preliminary injunction against Total Nutrition Team, Inc., Todd Smith, and Blake Graham.

The injunction relates to Total Nutrition Team’s use of Youngevity properties to continue to market and profit off the sale of Youngevity products.

Dr. Wallach is a celebrity in the field of nutrition.

Dr. Wallach has granted Youngevity an exclusive license for commercial use of his name and likeness.

Only with Youngevity’s approval may Youngevity distributors use Dr. Wallach’s name and likeness and the Youngevity name.

That approval has been denied Total Nutrition Team, Inc; Todd Smith; and Blake Graham, yet they, Youngevity competitors, persist in that unauthorized use.

Public policy prohibits TNT from using and profiting from Youngevity’s registered trademark without consent.

Nevertheless, despite having been denied that consent, TNT makes commercial use of and profits from Youngevity’s trademark in selling Youngevity products on wallachonline.com and Yteamtools.com.

On March 21, 2016, Youngevity demanded that Todd Smith, Blake Graham, and TNT cease unauthorized use of, and transfer ownership to Youngevity of, wallachonline.com and 1-800-Wallach.

Despite efforts of counsel to resolve the matter and repeated requests for cessation of unauthorized uses, TNT has refused.

Youngevity suffers irreparable harm resulting from Todd Smith, Blake Graham, and TNT’s unauthorized use of those marks and from the associated unauthorized trade upon the Wallach and Youngevity’s names.

Youngevity asks this

🤖 Quick Answer

What is the current legal dispute between Youngevity and Wakaya Perfection?
Youngevity has filed a lawsuit against Wakaya Perfection and subsequently sought a permanent injunction. Wakaya Perfection responded by filing a Motion to Strike certain counts from Youngevity's complaint and filed its own separate lawsuit against Youngevity six days prior to Youngevity's complaint. Wakaya initially sought a temporary restraining order, later withdrawn.

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